A condition like hypoxic ischemic encephalopathy (HIE) can do long-term damage to your child’s health. Specifically, HIE sees your child lose essential access to oxygen, often resulting in cognitive disabilities. This condition, however, can be prevented by medical professionals who pay diligent attention to your and your child’s needs throughout labor.
Negligent medical professionals are the primary forces behind most HIE diagnoses today. Should your child have to contend with an HIE diagnosis, there is legal recourse available to you. You can contact a hypoxic ischemic encephalopathy attorney in Vermont to bring a lawsuit against an offending medical institution. Our birth injury lawyers can help you get started.
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Understanding Hypoxic Ischemic Encephalopathy
The phrase “hypoxic ischemic encephalopathy” describes a medical condition wherein a child loses access to the oxygen needed to sustain consistent brain function. This blockage can originate from a damaged umbilical cord, ruptured uterus, or inappropriate care during labor. Medical professionals who can’t stabilize a child after birth may also cause HIE.
The long-term consequences of HIE can drastically affect the way a child and their parents go about daily life. Provided that the child doesn’t succumb to a lack of oxygen to the brain, said child may endure lifelong brain damage and/or cognitive disorders. This may result in reduced mobility, reduced cognitive functions, and a generally decreased quality of life.
Because HIE so often results from medical negligence, these conditions could have been avoided with the appropriate diligence and care. That’s why parents of children with HIE are able to pursue lawsuits on their children’s behalfs. Submitting a complaint providing evidence of medical negligence resulting in HIE opens the doors to comprehensive legal compensation.
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Medical Negligence Can Cause Hypoxic Ischemic Encephalopathy
When a medical professional treats you, they owe what is known as a “standard of care.” The standard of care is the level to which someone can be reasonably expected to care for you. When a doctor, nurse, hospital, or even an equipment manufacturer fails to meet the standard of care, that is medical negligence – an identifying element of malpractice.
Sometimes, a birth injury happens because of a random accident outside of anyone’s control. However, birth injuries are often linked to medical malpractice. A negligent professional, an unsafe hospital, or faulty equipment could be responsible for your child’s injury.
If you are the victim of medical malpractice, you can pursue financial compensation for your damages. An HIE lawyer in Vermont can help you recover funds. We know what to do to build the best case possible so that you can focus on taking care of your child.
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Taking Legal Action in the Wake of a Hypoxic Ischemic Encephalopathy Diagnosis
As a parent, you want to do everything in your power to ensure that a child contending with HIE has every possible opportunity to live a full life. That security is much easier to secure when you have financial support on hand. Fortunately, you can pursue financial support after your child’s HIE diagnosis.
More specifically, HIE lawsuits can help you secure the support you need to overcome your child’s medical bills and related expenses. You can collaborate with an HIE attorney in Vermont to gather the documents needed to prove your case and submit them to a county clerk.
Assigning Liability in Medical Malpractice Lawsuits
The party that you hold liable for your child’s well being isn’t always an individual doctor. Traveling doctors protected by independent contractors may have to face the legal consequences of their negligence alone. Under other circumstances, though, you can take up an HIE lawsuit against the institution where a negligent practitioner works.
The process of assigning liability in the wake of your child’s HIE depends on what evidence you have available to you. You do not have to investigate a medical institution for evidence of misconduct. Instead, our attorneys can step in and begin an investigation for you. The data we gather, from bystander testimony to third-party opinions, should back your request for support.
Filing a Claim on Your Child’s Behalf
If you want to take action on the behalf of a child with HIE, you have time to build your case. Vermont allows parents to file medical malpractice lawsuits for their children so long as their child is considered a minor. This means you have until your child turns 18 to file their HIE lawsuit.
Even then, your child has time to pursue a complaint on their own. The statute of limitations for a child who endures HIE ends three years from the day after they turn 18. This statute falls in line with the state’s general statute of limitations, as defined by Vermont Statutes §12-23-512.
Demanding Financial Support Addressing Your Hypoxic Ischemic Encephalopathy Medical Bills
It can be expensive to treat a child’s HIE. While the effort is always worth it, families can struggle to find the funds to give a child the comprehensive care they need. This, however, is one of the benefits of an HIE lawsuit. When you move your lawsuit forward, you have the opportunity to demand financial support for the party liable for your child’s condition.
When calculating your damages, a lawyer will take into account both financial expenses that you have paid (economic damages) and reductions of your quality of life or wellness (non-economic damages). Damages that you could recover in a birth injury include:
- Medical expenses
- Physical therapy and treatments needed to restore your previous quality of life
- Lost wages and/or opportunities to work
- Emotional distress
- Pain and suffering
- Wrongful death, if applicable
You can discuss what expenses to include in an HIE complaint during an initial case consultation with a birth injury lawyer.
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Birth Injury Lawyers Want You to Have the Means to Address Your Losses
Contending with a medical malpractice lawsuit in addition to the challenges of raising a child with disabilities – or contending with the loss of a child – is no easy feat. We don’t make you go to the effort of building your case alone, though. We establish your complaint from the ground up. What’s more, we represent you in settlement negotiations and the courtroom.
You can learn more about the services we offer to parents of children with HIE during an initial case consultation. Together we can determine how you want to approach the party allegedly liable for your child’s condition. We can then gather evidence to support your claim and ensure that any settlement you’re offered addresses all your needs.
We Can Negotiate With Your Insurance Provider
Insurance providers often want to avoid providing you with comprehensive financial support after a birth injury. If you want to advocate for yourself when submitting a claim, it’s best to have a professional on your side.
Vermont HIE attorneys can ensure that an insurance company doesn’t try to talk their way out of supporting you throughout your recovery. Whether you approach your case via negotiations or a traditional trial, we can challenge any attempts to deny you the financial support you deserve.
We Can Fight for You in Court
It’s often easier for HIE survivors and their parents to settle injury losses through settlement negotiations. There may come a point when the defendant in your case refuses to acknowledge their role in your losses, though. If this is the case, you can ask a judge and jury to consider your right to financial support.
Our attorneys can walk with you throughout a civil trial. What’s more, we operate on contingency. We won’t charge you up-front for our representation. Instead, we only get paid if you do.
Schedule a Hypoxic Ischemic Encephalopathy Case Consultation Today
Medical negligence and misconduct can both force an HIE diagnosis onto your child. You don’t have to let those oversights go unanswered, though. You can contact a Vermont hypoxic ischemic encephalopathy attorney instead. Our birth injury lawyers can work with you to bring a lawsuit against the institution that did so much harm to your child’s health.
For more information about our previous HIE cases, you can consult our testimonials. Once you’re ready, you can schedule your HIE lawsuit consultation. Contact our office online or over the phone to learn more about what our HIE attorneys can do for you.
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